815 Mass. Reg. 5.03
Settlement during statutory presentment period. A claim under M.G.L. c. 258 must be assessed and acted upon within six months of receipt by the Executive Office of a Secretariat (or by the Office of the Attorney General when initial presentment is made there). The following procedures and Time lines shall be followed:
Day 1: Presentment Notice received by the appropriate Executive Office [or the Office of the Attorney General (AGO)]
Day 3: AGO forwards a copy of the notice to the appropriate Executive Office; the Executive Office forwards a copy of any notice it receives from a claimant to the AGO.
Day 90: Executive Office receives agency's investigation report and disposition recommendation.
Day 120: Executive Office has acted on recommendation in one of the following ways: commenced negotiations with claimant (or legal representative thereof) on settlements of $2500 and under: sent investigation report and settlement recommendation over $2500 to AGO or; sent denial to claimant.
Day 135: AGO approves terms of settlement on recommendations over $2500. Executive Office commences settlement negotiations with claimant.
Day 160: Executive Office sends negotiated settlement documents to Comptroller (attention: DAB) together with assents of AGO and Executive Office for Administration and Finance (if required) and a release executed by claimant.
The documents forwarded to the Comptroller should include the following:
a copy of the presentment letter;
a settlement memorandum describing the terms of the settlement;
a release executed by claimant and;
the consent of the Attorney General (for settlement over $2500) and the Secretary
Day 180: Presentment procedures have been completed. Executive Office has sent copies of investigation report, settlement documents and denials to AGO.
815 CMR 5.03